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South Dakota Public Utilities Commission Meeting
September 14, 2021, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

NOTE:  Docket participants who wish to join this meeting by conference call should contact the Commission at 605-773-3201 by 5:00 p.m. CDT on Monday, September 13, 2021, to reserve a phone line. Lines are limited and assigned on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in docket discussion at the Commission Meeting and a line is not available, you may have to appear in person. 

NOTE:  To listen to the Commission Meeting live please go to the PUC’s website www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests persons who will only be listening to proceedings and not actively appearing in a case listen via the webcast to free phone lines for those who have to appear.  The Commission meetings are archived on the PUC’s website under the Commission Actions tab. Click on “Commission Meeting Archives,” to access the recordings.

NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.

AGENDA OF COMMISSION MEETING

Administration

1.      Approval of the Minutes of the Commission Meetings Held on August 19 and 27, 2021 (Staff: Macy Jo Murren)

Consumer Reports

1.      Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

Telecommunications

1.      TC21-001        In the Matter of the Application of LTD Broadband LLC for Designation as an Eligible Telecommunications Carrier for Purposes of Receiving Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

         On January 7, 2021, the Commission received an Application for Designation as an Eligible Telecommunications Carrier (ETC) from LTD Broadband LLC (LTD Broadband) for purposes of receiving federal universal service support. LTD Broadband has preliminarily been awarded Rural Digital Opportunity Fund (RDOF) funding for certain census blocks in South Dakota. On January 27, 2021, the South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene. On February 22, 2021, the Commission issued an Order Granting Intervention to SDTA. On August 26, 2021, the Commission issued an Order Approving Stipulation for Protective Order for Confidentiality. On August 13, 2021, LTD Broadband filed a Motion for Prehearing Conference requesting the Commission establish a procedural schedule. On August 27, 2021, SDTA filed a Motion to Compel Discovery. On September 3, 2021, SDTA filed to amend its Motion to Compel. 

         TODAY, shall the Commission grant LTD Broadband’s Motion for a Prehearing Conference and establish a procedural schedule? AND shall the Commission grant SDTA’s Motion to Compel Discovery? OR how shall the Commission proceed?

2.      TC21-087        In the Matter of the Batch Hot Cut Removal Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Teleport Communications America, LLC (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

         On July 8, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of the Batch Hot Cut Removal Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Teleport Communications America, LLC.

         TODAY, shall the Commission approve the amendment to the Interconnection Agreement?

3.      TC21-088        In the Matter of the Batch Hot Cut Removal Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and AT&T Corporation (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

         On July 8, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of the Batch Hot Cut Removal Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and AT&T Corporation.

         TODAY, shall the Commission approve the amendment to the Interconnection Agreement?

4.      TC21-107        In the Matter of the Approval of an Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Bandwidth.com CLEC, LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

         On August 18, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of the FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Bandwidth.com CLEC, LLC.

         TODAY, shall the Commission approve the amendment to the interconnection agreement?

5.      TC21-108        In the Matter of the Approval of an Unbundled Network Elements (UNEs) – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Bandwidth.com CLEC, LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

         On August 18, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Bandwidth.com CLEC, LLC. The amendment incorporates forbearance orders FCC 19-66 and FCC 19-72, which were released by the Federal Communications Commission in 2019.

         TODAY, shall the Commission approve the amendment to the interconnection agreement?

6.      TC21-109        In the Matter of the Approval of an Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and BCN Telecom, Inc. for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

         On August 19, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of the FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and BCN Telecom, Inc.

         TODAY, shall the Commission approve the amendment to the interconnection agreement?

Electric

1.      EL19-003        In the Matter of the Application by Crowned Ridge Wind, LLC for a Permit of a Wind Energy Facility in Grant and Codington Counties (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)

         On January 30, 2019, Crowned Ridge Wind, LLC (Crowned Ridge or Applicant) filed an application for a permit to construct a wind energy conversion facility to be located in Grant County and Codington County, South Dakota (Project). On July 26, 2019, the Commission issued a Final Decision and Order Granting Permit to Construct Facility; Notice of Entry (Permit). On January 9, 2020, the Commission issued an Order Granting Temporary Waiver that approved Crowned Ridge to operate temporarily without low noise trailing edge (LNTE) blade attachments installed on all turbine blades subject to the curtailment of certain turbines and Crowned Ridge conducting post construction noise compliance testing in accordance with Condition 26 of the Permit. On January 15, 2021, Crowned Ridge filed its Sound Level Compliance Evaluation Report. On March 18, 2021, Crowned Ridge filed a Motion for Approval of Mitigation Plan in order to verify compliance with Condition 26 of the Permit. On April 9, 2021, the Commission issued an Order Approving Mitigation Plan. On July 29, 2021, Intervenor Amber Christenson filed a Motion to Amend Mitigation Plan of the Sound Study Protocol of Crowned Ridge Wind, LLC, Fall 2021 (Motion) that requests the Commission add her residence to the Fall 2021 sound study and require turbines associated with Crowned Ridge Wind II, LLC, be turned off for the on/off tests. Crowned Ridge filed its answer to the Motion on August 3, 2021, and staff filed its response to the Motion on August 9, 2021. On August 26, 2021, the Commission issued an Order Denying Motion to Amend Sound Study Mitigation Plan. On August 30, 2021, Christenson and Robish filed a Petition for Reconsideration. On September 2, 2021, Crowned Ridge filed its Answer to the August 30, 2021, Petition for Reconsideration.

         TODAY, shall the Commission reconsider its Order Denying Motion to Amend Sound Study Mitigation Plan? If yes, what is the Commission's decision on Intervenors’ Petition for Reconsideration?

2.      EL21-018        In the Matter of the Application by North Bend Wind Project, LLC for a Permit to Construct and Operate the North Bend Wind Project in Hyde County and Hughes County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)

         On June 23, 2021, North Bend Wind Project, LLC (North Bend Wind) filed an application for a permit to construct the North Bend Wind Project, a wind energy facility located on approximately 46,931 acres of land in Hyde County and Hughes County, South Dakota, in the townships of Butte, Chapelle, Harrold, Holabird, Pleasant Valley, Pratt, and Webster. The total installed capacity of the Project would not exceed 200 megawatts nameplate capacity. The proposed Project includes up to 71 wind turbine generators, access roads to turbines and associated facilities, underground 34.5-kilovolt (kV) electrical collector lines, underground fiber-optic cable, a 34.5-kV to 230-kV collection substation, a 230-kV interconnection switching station, an aircraft detection lighting system and one permanent meteorological tower. The Project will interconnect to Western Area Power Administration’s Fort Thompson-Oahe 230-kV transmission line, which crosses the southern portion of the project area. The Project, at the time of filing this application, has not executed a purchase power agreement. The Project is expected to be operation in late 2022. Applicant estimates the total cost of the Project to be between $265 and $285 million. On August 23, 2021, the Commission received an application for party status from IUOE Local 49, Judi Bollweg, individually and on behalf of Tumbleweed Lodge and Bollweg Family, LLLP, and Michael Bollweg, individually and on behalf of Bollweg Family, LLLP.

         TODAY, shall the Commission grant party status to those who have filed?

3.      EL21-025        In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2022 Transmission Cost Recovery Eligibility and Rate Adjustment (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

         On September 1, 2021, the Commission received a petition from Northern States Power Company dba Xcel Energy (Xcel) for approval of its 2022 Transmission Cost Recovery (TCR) Rider, TCR rate factor, and tracker account report. For 2022, Xcel proposes recovery of the South Dakota jurisdictional portion of the revenue requirements related to 31 transmission projects located throughout its service territory. Xcel proposes to include 10 new projects for 2022 and proposes to remove one previously approved project. Xcel proposes to recover $7.0 million associated with the 31 transmission projects for the 2022 calendar year. Included in the $7.0 million figure is the 2021 over-collection balance of $397,023. The total of the transmission investment costs, and the tracker balance results in an average bill impact of $2.43 per month for a typical residential electric customer using 750 kWh per month. This is a decrease of $0.15 per month from the current TCR Rider recovery. Xcel proposes to implement a rate of $0.003245 per kWh applied to all energy billed to each customer class beginning January 1 through December 31, 2022. This represents a decrease of $0.000201 from the existing rate of $0.003446 per kWh.

         TODAY, shall the Commission assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date?

Natural Gas

1.      NG21-005       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Crystal Springs Feeds, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         On August 20, 2021, NorthWestern Corporation dba NorthWestern Energy (NorthWestern) filed for approval of a contract with deviations with Crystal Springs Feeds, LLC (Crystal Springs). Crystal Springs desires to have natural gas service extended to its location to serve its heating and grain processing requirements. NorthWestern will run a gas line approximately 1.3 miles to serve the new customer. NorthWestern states that based on the cost of the project, it requires security for the capital investment cost and a monthly surcharge in order to protect its legacy customers. The contract includes recovery of the pipeline project costs over a 15-year period. The project costs and tariff delivery charges will be recovered through a fixed monthly charge based on projected annual volumes, with an annual review conducted to determine if volumes exceed the projected amount. Any overages will be billed at the tariff rate 87B. NorthWestern requests approval with an effective date for the tariff revisions of October 1, 2021. NorthWestern also proposes to remove the listing of South Dakota Wheat Growers customers due to the completion of their contract obligations.

         TODAY, shall the Commission approve NorthWestern Energy’s contract with deviations with Crystal Springs Feeds, LLC and the associated tariff revisions with an effective date of October 1, 2021?

Items for Commission Discussion

         Commissioner Hanson – A proposal to exam the procedure in which the agency’s declaratory petitions and rulings are administered under the laws and regulations of the South Dakota Public Utilities Commission.

Public Comment

Individuals who wish to make public comments to the commission may do so during this time. All who offer public comments are requested to sign in at the commission meeting or let the commission know of their wish to speak when they call in to reserve a phone line. Time limits for comments may be determined at the discretion of the commission.

Announcements

1.   Commissioners and staff will meet with representatives of Black Hills Energy on Tuesday, September 14, 2021, at 1:30 p.m. CDT, in Room 413 at the State Capitol Building, Pierre, South Dakota, to discuss the company’s operations during Winter Storm Uri in February 2021.

2.   The next regular commission meeting will be Tuesday, September 28, 2021, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.

3.   Commissioners and staff will meet with representatives of Missouri River Energy Services on Tuesday, September 28, 2021, at 1:00 p.m. CDT, in Room 413 at the State Capitol Building, Pierre, South Dakota, for a general business update.

4.   Commissioners will attend the Missouri River Energy Services Legal Seminar on Friday, October 1, 2021, at the MRES office, 3724 W. Avera Drive, Sioux Falls, South Dakota.

5.   Commission meetings are scheduled for October 12 and 28, 2021.

 

/s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
September 7, 2021